A. A. At the same time, the Plaintiff received KRW 5,00,000 from the Plaintiff, and at the same time, the building indicated in the attached Table is added to the Plaintiff.

A. On July 13, 2014, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “C”) and the Plaintiff’s building indicated in the separate sheet (hereinafter “instant building”) from C, with the term “83,50,000 won for lease deposit, KRW 351,000 for rent month, and two years and six months from the date of initial designation of occupancy for the term of lease.”

In relation to the above lease agreement on the same day, the plaintiff and C entered into a contract that the plaintiff will not pay the rent of KRW 10,000,000 instead of paying the lease deposit additionally.

B. On July 6, 2018, the Plaintiff entered into a lease agreement with the Defendant with the terms of “5,00,000 won for lease deposit, KRW 500,000 for rent, and KRW 500,00 for rent, from July 6, 2018 to July 5, 2020 for the instant building” (hereinafter “instant contract”).

The plaintiff delivered the building of this case to the defendant around that time, and received KRW 5,000,000 from the defendant.

C. The Plaintiff was paid from the Defendant to October 6, 2018.

On August 2019, the Plaintiff notified the Defendant of the termination of the instant contract on the ground of the delinquency in rent.

E. The defendant has been using the building of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 7, the purport of the whole pleadings

2. Determination

A. Article 640 of the Civil Act provides that “The lease of a building or any other structure may terminate a contract if the lessee’s delayed rent falls short of the lessee’s annual rent of two terms.”

According to the above facts of recognition, the defendant's delayed delay amount exceeds the two-year difference, and the plaintiff terminated the contract of this case on this ground. Thus, the contract of this case was lawfully terminated.

Therefore, barring special circumstances, the Defendant delivered the instant building to the Plaintiff, and the instant building from October 7, 2018.